• by Ray Schultz , Columnist, October 2, 2024

The editors at a small trade publication I once worked for had a strict policy: we were always to inform the publisher/owner any time we were threatened with a libel suit, since it was his money at stake, there being no libel insurance.

We were never sued, and I believe we would have won even if we had been. But that’s easy to say when you don’t have to pay the lawyers. We could have been ruined without losing a case. 

This comes to mind because of a report by the Freedom of the Press Foundation, titled “Frivolous suits stalk journalists in states without anti-SLAPP laws.”

An anti-SLAPP – strategic lawsuits against public participation – law prohibits frivolous suits meant to chill speech.  

Consider the case of the Wausau (Wisconsin) Pilot & Review. It was sued by Cory Tomczyk, a businessman and state senator, which alleged that he had used an anti-gay slur. He sued for defamation, and lost the case both at trial and on appeal.  

That was the good news for the Pilot & Review. The bad news was that the legal bills totaled almost $200,000, almost as much as the paper spends to run its newsroom every year. It had to put hiring on hold.  

“Anti-SLAPP laws give people who are sued for exercising their First Amendment rights tools to fight back,” the Foundation writes. “They often allow for cases to be dismissed early, before costs rise, and give winning defendants the right to recoup their legal fees. As a result, SLAPP victims are less likely to be intimidated into silence.” 

The problem is that 17 states lack anti-SLAPP laws.

Publishers need to be aware of the law in their states. And they have to be ready to back up their editors and deal with the risks.  

I’m happy to say that the owner of the small B2B paper I worked at had the courage of his convictions. He always said, “I'm behind you. Do what you have to do.” What kind of story would draw a threat on a B2B trade? Almost anything that had a slightly negative tinge to it. Most libel threats are bluster and intimidation. But you don’t want to take the chance.